Filed February 19, 2016
They never identify the equal treatment allegedly denied to them, which is the “gravamen” of an equal protection claim. Mlikotin v. City of Los Angeles, 643 F.2d 652 (9th Cir. 1981) (affirming 12(b)(6) dismissal of equal protection claim). Nor do Plaintiffs identify a similarly situated class receiving favorable treatment, against which to compare their treatment.
Filed July 22, 2013
Plaintiffs never identify the equal treatment allegedly denied to their members, which is the “gravamen” of an equal Case 2:13-cv-01079-DGC Document 25 Filed 07/22/13 Page 10 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 protection claim. Mlikotin v. City of Los Angeles, 643 F.2d 652 (9th Cir. 1981) (affirming dismissal of equal protection claim under Rule 12(b)(6) because complaint “does not allege the unequal treatment of persons similarly situated which would be the gravamen of a complaint for denial of equal protection”). Nor do Plaintiffs identify a similarly situated class receiving favorable treatment—against which to compare the treatment of their members.